24 September 2019
Marketing fund disclosure: landmark judgment confirms that franchisors must take ultimate responsibility for compliance with the Australian Franchising Code of Conduct
www.twobirds.com/en/news/articles/2019/australia/marketing-fund-disclosure-landmark-judgment-confirms-that

In a judgment that bolsters recent announcements by the ACCC pressing franchisors to comply with their obligations, the Full Federal Court has confirmed a January 2019 Federal Court finding that a franchisor contravened ...

23 May 2018
A warning for sellers of goods to Australian consumers
www.twobirds.com/en/news/articles/2018/australia/a-warning-for-sellers-of-goods-to-australian-consumers

Following the over $4.6 million penalty ordered against Thermomix in Australia Pty Ltd (Thermomix), sellers of consumer goods are reminded of their obligations to report serious injuries caused by the use or foreseeable ...

23 May 2018
A challenging time for employers in the Australian retail market?
www.twobirds.com/en/news/articles/2018/australia/a-challenging-time-for-employers-in-the-australian-retail-market

The last 24 months have been a challenging period for retail in Australia. While the challenges faced by the retail sector are not specific to Australia, given the size of the Australian market, the impact is great.

22 May 2020
Australia: The ACCC pivots in light of COVID-19
www.twobirds.com/en/news/articles/2020/australia/the-accc-pivots-in-light-of-covid-19

Due to the rapidly changing global landscape, the Australian Competition and Consumer Commission announced on 27 March 2020 a "re-focus" of its 2020 Compliance and Enforcement Priorities in response to the COVID-19 ...

07 July 2020
Changes to the Franchising Code for new vehicle dealership franchises in Australia
www.twobirds.com/en/news/articles/2020/australia/changes-to-the-franchising-code-for-new-vehicle-dealership-franchises-in-australia

Further to our earlier article here on the draft proposed regulations, on 1 June 2020, amendments to the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 (Franchising Code) came into effect.

26 May 2020
The ACCC Franchising Taskforce cracks down on Franchise Code non-compliance
www.twobirds.com/en/news/articles/2020/australia/the-accc-franchising-taskforce-cracks-down-on-franchise-code-non-compliance

The ACCC and its Franchising Taskforce continue to pursue adherence to the Competition and Consumer Act in the Australian franchise sector.

04 August 2020
Regulator finds its teeth: Australian supermarket giant issued with record fine for spam breaches
www.twobirds.com/en/news/articles/2020/australia/australian-supermarket-giant-issued-with-record-fine-for-spam-breaches

Australian supermarket giant, Woolworths, was recently issued a record AUD$1,003,800 infringement notice by the Australian Communications and Media Authority (ACMA), for multiple, significant breaches of the Spam Act ...

29 August 2019
Is it all going down the drain? The risks and opportunities of making environmental-related marketing claims
www.twobirds.com/en/news/articles/2019/global/is-it-all-going-down-the-drain

In June 2019, the Federal Court of Australia (Court) handed down its decision in Australian Competition and Consumer Commission v Kimberly-Clark Australia Pty Ltd in favour of Kimberly-Clark Australia Pty Ltd ...

02 December 2019
'Tis the Season for Giving: New rules for Gift Cards in Australia
www.twobirds.com/en/news/articles/2019/australia/tis-the-season-for-giving-new-rules-for-gift-cards-in-australia

With the festive season upon us it is important for retailers to be aware of new laws in Australia relating to gift cards. All gift cards supplied to consumers in Australia from 1 November 2019 must have a minimum three ...

05 November 2019
In the crosshairs: Ashley & Martin required to refund consumers as a result of unfair contract terms
www.twobirds.com/en/news/articles/2019/australia/in-the-crosshairs-ashley-and-martin-required-to-refund-consumers

The concept of fairness in trade and commerce has been a recent focus for Australian Courts and regulators alike. The recent decision on relief in ACCC v Ashley & Martin Pty Ltd (No 2) [2019] FCA 1739 is particularly ...